HomeMy WebLinkAboutCC June 6, 2006
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
Regular City Council Meeting - Tuesday, June 6, 2006
Call to Order-7:00 p.m.
Pledge of Allegiance
Resident Forum
Agenda Approval
1. Approval of Minutes; (5/16/06 Regular; 5/23/06 Workshop)
Consent Items
2. Approve Payment of Claims - Finance
3. Order Plans & Specs/06-12/Crosstown Boulevard NW Trail & 06-17/The Oaks Park Trail - Engineering
4. Authorize RFP/AgentlBroker of Record for City's Employees Benefits Program - Administration
5. Consider Approval of 3 .2% Malt Liquor License/Andover LionslFun Fest - Clerk
6. Approve Classification and Sale of Forfeit Land - Clerk
7. Approve Refuse Hauler Licenses - Clerk
8. Approve Appointment! Accountant - Administration
9. Approve Raffle Pennit! Andover Center Ice Club - Clerk
10. Consider Excluded Bingo PennitlFun Fest - Clerk
11. Approve Repayment AgreementlFairbanks Properties - Administration
12. Approve Out-of-Scope Services PaymentIRJM Construction - Administration
13. Approve Transfer for Debt Service - Finance
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Discussion Items
14. Public HearinglVacation of Easement! 14224 Quince Street NW - Planning
15. Accept Petition/Order Feasibility Report/06-20A/Meadow Creek Christian School/Turn Lane
Improvements - Engineering
16. Consider Various Sign Code Amendments - Planning
17. Consider Code AmendmentlBuffering Rural Neighborhoods from New Urban Developments - Planning
18. Consider No Parking/Buttemut Street NW/Shadowbrook East Park - Engineering
Staff Items
19. Reschedule July 4, 2006 City Council Meeting - Clerk
20. Schedule EDA Meeting - Administration
21. Administrator's Report - Administration
Mayor/Council Input
Adjournment
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Regular Andover City Council Meeting
Minutes - June 6, 2006
Page 10
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JUNE 6, 2006
TABLE OF CONTENTS
PLEDGE OF ALLEGIENCE..................................................................................................... 1
RESIDENT FORUM ................................................................................................................. 1
AGENDA APPROV AL.............................................................................................................2
APPROVAL OF MINUTES...................................................................................................... 2
CONSENT ITEMS
Approve Payment of Claims ................................................................................................3
Resolution R070-06 ordering Plans & Specs/06-12/Crosstown Boulevard NW Trail &
06-17/The Oaks Park Trail.............................................................................................. 3
Authorize RFP/AgentIBroker of Record for City's Employees Benefits Program.............. 3
Consider Approval of3.2% Malt Liquor License/Andover Lions/Fun Fest........................ 3
Approve Refuse Hauler Licenses......................................................................................... 3
Approve Appointment/Accountant ...................................................................................... 3
Approve Raffle Permit/Andover Center Ice Club................................................................ 3
Consider Excluded Bingo PermitlFun Fest.......................................................................... 3
Approve Repayment AgreementIFairbanks Properties........................................................ 3
Approve Out-of-Scope Services PaymentJRJM Construction............................................. 3
Approve Transfer for Debt Service......................................................................................3
PUBLIC HEARlNGN ACATION OF EASEMENT/14224 QUINCE STREET NW
Motion to open public hearing..............................................................................................3
Motion to close public hearing ............................................................................................. 3
Motion to approve (Res. R071-06) ....................................................................................... 4
ACCEPT PETITION/ORDER FEASIBILITY REPORT/06-20AIMEADOW CREEK
CHRISTIAN SCHOOL/TURN LANE IMPROVEMENTS
Motion to approve (Res. 072-06)..........................................................................................4
CONSIDER VARIOUS SIGN CODE AMENDMENTS
Motion to approve the proposed changes (Ord. No. 330).....................................................5
Motion to approve the Park Advertising Policy.................................................................... 5
CONSIDER CODE AMENDMENT/BUFFERlNG RURAL NEIGHBORHOODS FROM
NEW URBAN DEVELOPMENTS
Motion to approve (Ord. No. 331) ........................................................................................ 6
CONSIDER NO P ARKING/BUTTERNUT STREET NW/SHADOWBROOK EAST
PARK
Motion to approve (Res. R073-06) ....................................................................................... 7
APPROVE CLASSIFICATION AND SALE OF FORFEIT LAND
Motion to authorize ................................................................................ ............................... 7
RESCHEDULE JULY 4, 2006 CITY COUNCIL MEETlNG .................................................. 8
SCHEDULE EDA MEETlNG ................................................................................................... 8
ADNlINISTRATOR REPORT .................................................................................................. 9
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Regular Andover City Council Meeting
Minutes - June 6, 2006
Page 11
Regular Andover City Council Meeting Minutes - June 6, 2006
Table of Contents
Page ii
MA YORlCOUNCIL INPUT
Archery Season for Deer Hunting.........................................................................................9
Park and Trail Naming .......................... .... ............................. ......... ............ ....................... ... 9
Meadow Creek Christian School Thanks ............................................................................. 9
Quad City TV Hosting ..........................................................................................................9
Fun Fest Booth...................................................................................................................... 9
ADJOURN11ENT......................................................................................................................9
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REGULAR ANDOVER CITY COUNCIL MEETING - JUNE 6, 2006
MINUTES
The Regular Bi-Montbly Meeting of the Andover City Council was called to order by Mayor Mike
Gamache, June 6, 2006, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota.
Councilmembers present:
Councilmember absent:
Also present:
Don Jacobson, Mike Knight, Ken Orttel, Julie Trude
None
City Attorney, William Hawkins
City Engineer, Dave Berkowitz
City Administrator, Jim Dickinson
Community Development Director, Will Neumeister
Others
o PLEDGE OF ALLEGIANCE
RESIDENT FORUM
Anoka Countv Commissioner Dick Lang - 925 Constance Blvd N.E., Ham Lake, stated he was at the
meeting to explain the appointment they made to the Watershed Board. He stated every City has to
be represented in the Watershed. His District is Ham Lake, Andover and part of Blaine. He noted
they picked Mr. Byron Westlund to the Watershed because he was the only one that could get four
votes. He stated sometimes there will be conflicts of interest with him and he would have to abstain.
He noted even with the other people there may be a conflict of interest because they work for a
government entity in the area of water. He stated they are trying to balance it out and be fair and
equitable and to make it run as smooth as possible.
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Councilmember Trude stated she raised the issue because she was surprised that someone who is a
principal of one of the largest development companies in Ham Lake and Andover was appointed to
their supervising agency. It seems like this would be a conflict of interest when this man is
recognized by everyone who watches cable tv as a developer in the area and she was sure the County
Board knew his resume. She did not have any problem with the individual but when every
development needs to be reviewed by the Coon Creek Watershed Board and then they have a
principal from Woodland Development appointed to that board, it would seem like almost a non-
vote if they have to sit out of every single vote on their own projects.
Commissioner Lang stated he was sure that is what will probably happen there.
Councilmember Trude wondered if other developers could apply for the job to try to equalize it out.
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Regular Andover City Council Meeting
Minutes - June 6, 2006
Page 2
Commissioner Lang stated they are trying to balance it out by having different specialties on the
board.
Councilmember Trude was surprised because they submitted the name of an Engineer who knew a
lot about Watersheds and the City of Ham Lake submitted some names also.
Mayor Gamache wondered how many board members there are. Commissioner Lang thought there
were five. Councilmember Orttel thought the Council appointed Mr. Westlund to one of their boards
and it was not to further his own agenda as a developer; it was because of his knowledge. He noted
there is a concern with approving things overall but he has great confidence in his knowledge and
abilities but he sees where the concern comes from.
Councilmember Jacobson stated he did recognize that the County Board can appoint who they want.
Councilmember Trude was glad the Commissioner was aware of her concerns and the concerns of
the Council. She hoped they reviewed the conflict of interest policy with the board and Mr.
Westlund in particular to make sure there is not an issue. She thought the other developers may have
some concerns about his oversight of their development projects as competitors.
o Mr. & Mrs. Oldenburg - 15527 Vail Street:, stated they were at the meeting regarding the train
whistles. They live in a new development along the tracks and the trains blow their horns constantly
for a long way. He stated he has taken video tape of them blowing their horns. Mr. Oldenburg stated
the City needs to do something about it. Councilmember OrtteI stated they understood and are
working on it. Mr. Berkowitz stated if the resident gives him the video tape, he will forward itto the
railroad to see what can be done.
AGENDA APPROVAL
Remove from Consent Items for discussion Item 6, (Approve Classification and Sale of Forfeit
Land).
Motion by Knight:, Seconded by Trude, to approve the Agenda as amended above. Motion carried
unanimously.
APPROVAL OF MINUTES
May 16, 2006, Regular Meeting: Correct as written.
May 23, 2006, Workshop Meeting: Correct as written.
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Motion by Trude, Seconded by Jacobson, approval of May 16, 2006 Minutes as indicated above.
Motion carried unanimously.
Motion by Trude, Seconded by Jacobson, approval of May 23,2006 Minutes as indicated above.
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Regular Andover City Council Meeting
Minutes - June 6, 2006
Page 3
Motion carried unanimously.
CONSENT ITEMS
Item 2
Item 3
Item 4
Item 5
Item 7
Item 8
Item 9
Item 10
Item 11
Item 12
Item 13
Approval of Claims
Order Plans & Specs/06-12/Crosstown Boulevard NW Trail & 06-l7/The Oaks Park
Trail (See Resolution R070-06)
Authorize RFP/Agent/Broker of Record for City's Employees Benefits Program
Consider Approval of3.2% Malt Liquor License/Andover Lions/Fun Fest
Approve Refuse Hauler Licenses
Approve Appointment! Accountant
Approve Raffle Permit! Andover Center Ice Club
Consider Excluded Bingo PermitlFun Fest
Approve Repayment AgreementIFairbanks Properties
Approve Out-of-Scope Services PaymentJRJM Construction
Approve Transfer for Debt Service
Motion by Trude, Seconded by Jacobson, approval of the Consent Agenda as read. Motion carried
unanimously.
PUBLIC HEARlNG/VACATION OF EASEMENT/14224 QUINCE STREET NW
City Engineer Berkowitz stated the City Council is asked to hold a public hearing to consider
vacating a portion of the existing drainage and utility easement at the above referenced property.
City Administrator Dickinson indicated per the applicant that the pool is above ground.
Motion by Knight, Seconded by Jacobson, to open the public hearing at 7:24 p.m. Motion carried
unanimously.
No one wished to address the Council.
Motion by Knight, Seconded by Jacobson, to close the public hearing at 7:24 p.m. Motion carried
unanimously.
Councilmember Jacobson wondered if item three in the resolution is correct because they were under
the impression this would be in-ground. Mr. Berkowitz thought they should leave it in to make sure
that it is above that elevation in case the intent of what he wants to do changes in the process. He
stated it is a standard requirement when they are within the five hundred year flood zone.
Councilmember Orttel asked if the cross hatched area under the deck is what they are vacating and
then asking for mitigation inside the wetland. Mr. Berkowitz stated City requirements state if you
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Regular Andover City Council Meeting
Minutes - June 6, 2006
Page 4
are within the five hundred year flood zone, it is considered flood fringe and the City does not
require any mitigation but one of the items contingent on the approval is Coon Creek Watershed
approval and they may require mitigation.
Mr. Berkowitz clarified on the map what the applicant is asking for.
Motion by Knight, Seconded by Jacobson, to approve the proposed vacation of easement. Motion
carried unanimously. (Res. R07l-06)
ACCEPT PETITION/ORDER FEASIBILITY REPORT/06-20AIMEADOW CREEK
CHRISTIAN SCHOOL/TURN LANE IMPROVEMENTS
City Engineer Berkowitz explained the City has received a petition from Meadow Creek Christian
School (MCCS) requesting turn lane improvements on 161 st Avenue NW, Project 06-20A.
Councilmember Jacobson stepped down because of conflict of interest.
o Mr. Berkowitz discussed the staff report with the City Council.
Councilmember Orttel explained the road will not be built until Tulip Street is built. Tills is just a
. study to show what the costs will be. Mr. Berkowitz stated that is correct and at this point they will
prepare a feasibility report and if the school does elect to make it a public improvement they would
be assessed for the turn lane improvements and the City would bid that together with the
improvements planned for Tulip Street. Tulip Street is scheduled to be bid in late July and for
construction to begin in the middle of August. The two projects would be in conjunction with one
another.
Councilmember Orttel asked if the improvements are only on Tulip and do not extend beyond that to
the south or east or west. Mr. Berkowitz stated there are some improvements as part of Tulip. He
showed on the map where the improvements would be.
Mayor Gamache wondered what the approximate distance Quay Street is to Round Lake Boulevard.
Mr. Berkowitz thought it was about a quarter to halfmile away.
Councilmember Trude stated they will do the feasibility study and Meadow Creek School will
evaluate if this is cost effective for them and they will decide if they want to go with the public
improvement or private. Mr. Berkowitz indicated that was correct.
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Motion by Trude, Seconded by Knight, to approve the resolution declaring adequacy of petition and
ordering preparation of a feasibility report for Project 06-20A, Meadow Creek Christian School for
turn lane improvements on 161st Avenue NW.
Councilmember Orttel asked why it gets into budget impact in the financing period if it is just for a
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Page 5
study, are they asked to approve that at this time. Mr. Berkowitz stated that is just to identify to the
Council what the potential assessment might be at that time frame.
Motion carried 4 ayes, I abstain (Jacobson). (Res. R072-06)
CONSIDER VARIOUS SIGN CODE AMENDMENTS
Community Development Director Neumeister stated the City Council is asked to consider two
proposed amendments to the sign code. The first amendment would make ball field advertising
signs a permitted rather than conditional use. The second amendment would make scoreboard
advertising signs a permitted use. The Council is further asked to review some changes to the sign
code that were discussed when the revised sign code was brought forward, but were not included in
the motion to adopt the revised code.
Mr. Neumeister discussed the staff report with the Council.
Councilmember Trude asked for clarification in the language. On page three of the Council report,
under signs (H-Signs Attached to Parked Semi-Trailers), she preferred they use language "signs
displayed on parked semi-trailers" because then it would include if someone paid a company to have
a sign painted on there. When they say "attached", she gets the image of a banner and she could see
some company say it is not attached. Councilmember Jacobson stated he was looking at that also
and his wordsmithing on that is if it is attached or painted, there are trucks coming into the City all of
the time with the name of the company and graphics that drop off deliveries and leave and it is not
their intention to say they cannot have graphics on those kind of trucks so he thought there needs to
be an extra word in there so that they are not going to get so picky for people driving through.
Councilmember Orttel thought it was primarily for advertising purposes. Councilmember Knight
thought one type was for advertising and the other was for identification. Councilmember Orttel
thought they could indicate that on parked vehicles, "signs attached to park semi-trailers or vehicles
used primarily for advertising purposes are not allowed." He thought that would cover it.
Councilmember Jacobson thought they should leave this to the discretion of staff.
Councilmember Trude asked the City Attorney if they need to add additional language or would the
discussion be adequate. City Attorney Hawkins thought the Council and staffknew what the intent
was and they will use their discretion.
Councilmember Trude stated on page four in the proposal it talks about the ball field and scoreboard
advertising which she thought was fine but she wanted to add a Section 4 which deals with the
lighting of the signs. "Scoreboard signs with advertising shall not be illuminated when not used to
record scores for an event" because she indicated she could see a sign being lit in a park all the time
because some local bank or company would want it illuminated for advertising. Councilmember
Jacobson thought they already have a section in the ordinance that talks about illuminated signs. Mr.
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Regular Andover City Council Meeting
Minutes - June 6, 2006
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Dickinson stated this could also be covered in the lease agreement.
Motion by Jacobson, Seconded by Knight, to approve the proposed changes to the City Code
changing the wording to "attached to". Motion carried unanimously. (Ord. No. 330)
The Council discussed with staff the advertising policy.
Motion by Orttel, Seconded by Knight, to approve the City of Andover Park Advertising Policy.
Motion carried unanimously.
CONSIDER CODEAMENDMENT/BUFFERING RURAL NEIGHBORHOODS FROM NEW
URBAN DEVELOPMENTS
Community Development Director Neumeister stated the Council has asked for ordinance language
to address this item and suggested several options be allowed. The Commission and Council would
select the options most appropriate for the specific circumstances of the site at the time that the
preliminary plat is reviewed. There would also be an opportunity to give direction to the developer
at the sketch plan phase.
Councilmember Jacobson stated on Item E in the Resolution, there is a combination of the above and
what they have above is lot depth and trees. He suggested after the word above they insert "or
others". lIDs gives them more flexibility besides the two choices. Councilmember Trude agreed.
Councilmember Knight asked if it was up to the developer to pay for the buffer if it is up against the
rural area, if needed. Mr. Neumeister stated the people in the rural area would not have any
obligation; it would be up to the developer.
Councilmember Trude stated she had contact with residents adjacent to the Rural Reserve and she
asked if the residents will be expecting or anticipating buffering. Mr. Neumeister stated the key
word is "may" and is optional and up to the Council and Planning Commission to come forward and
indicate if they want the areas buffered or not; it is not a mandatory requirement.
Ms. Rosella Sonsteby stated she' is concerned about this item. She showed a photo of an area that
has a fence on 7th Avenue North, past Bunker Lake Boulevard, one mile to 147th. She felt for the
Council passing a plat like that; there is a pure evil to approve this kind of a plat making the residents
look at the fence instead of the beautiful trees.
Councilmember Trude indicated in the ordinance there is no discussion offences. Mayor Gamache
stated by passing this ordinance, the ordinance attempts to only allow trees and natural foliage for
buffers.
Mr. Neumeister asked the City Attorney that if they have a plat going through the process of review,
is it subject to the requirements if this ordinance is approved. City Attorney Hawkins indicated if the
o Regular Andover City Council Meeting
Minutes - June 6, 2006
Page 7
ordinance is approved at the meeting, the regulations will need to be met, unless the developer
already has preliminary plat approval.
Motion by Knight, Seconded by Trude, to approve the attached ordinance amendment with the
change to Item E inserting "or others". Motion carried unanimously. (Ord.33l)
CONSIDER NO PARKINGIBUTTERNUT STREET NW/SHADOWBROOK EAST PARK
City Engineer Berkowitz explained this item is in regard to having "no parking" posted along a
section of Butternut Street NW north of Bunker Lake Boulevard NW in Shadowbrook 4th Addition
and both sides of the driveway entering into the parking lot of Shadowbrook East Park.
Mr. Berkowitz reviewed the information with the Council.
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Councilmember Jacobson stated if they pass the resolution, it would clean up the intersection and
drive lane into the park. If there are more cars then they have parking space for it will distribute the
cars along side the road but further north. Mr. Berkowitz indicated that was correct. Staff's concern
is they are jflmming up and congesting the intersection.
Councilmember Jacobson wondered if this would be permanent or only during the summer when
there will be tournaments. Mr. Berkowitz stated it would be permanent.
Mr. Berkowitz reviewed the number of parking spots staff reviews when designing a park.
The Council discussed with staff possibly having the time between games further apart to alleviate
congestion.
Motion by Jacobson, Seconded by Knight, to approve the resolution designating no parking on both
sides of Butternut Street NW north of Bunker Lake Boulevard NW right -of-way line for a distance of
180 feet, which is approximately the north line of Lot 1, Block 1, Shadowbrook 4th Addition and
both sides of the driveway entering into the parking lot of Shadowbrook East Park. Motion carried
unanimously. (Res. R073-06)
APPROVE CLASSIFICATION AND SALE OF FORFEIT LAND
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City Administrator Dickinson indicated they have been notified by Anoka County that Outlot A,
Cambridge Estates has forfeited to the State of Minnesota. The Council is requested to approve the
classification and sale of forfeit lands.
Councilmember Jacobson stated the reason he had this pulled for discussion was because one of the
things they are trying to do is to provide more open space. He was concerned that if it goes up for
sale, someone could come in an purchase it for a reasonably small dollar amount and depending on
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Regular Andover City Council Meeting
Minutes - June 6, 2006
Page 8
what was there, could modifY it and put up a building or something. He stated he talked to the staff
about it and they told him the City has a drainage and utility easement over the entire parcel so they
did have control even if someone were to purchase it. The idea was to keep this as open space. Staff
indicated with having the easements over the parcel, the City was safe that it will be kept as open
space.
Motion by Jacobson, Seconded by Trude, to authorize staff to proceed to purchase Outlot A at
Cambridge Estates from tax forfeit from the State.
Councilmember Orttel wondered if they could take an easement across for open space. Mr.
Dickinson stated they can take it for public purpose. They cannot take it for open space. The public
purpose would be park. Councilmember Trude thought it should be for drainage and utility in order
to protect the wetland.
Mr. Dickinson asked the City Attorney if they took this strictly for drainage and utility, would it
restrict the kind of things the Council may want to do on the parcel in the future. City Attorney
Hawkins stated they already have the easement for drainage and utility over it. The best bet would
be to take it for park.
Motion carried unanimously.
RESCHEDULE JULY 4, 2006 CITY COUNCIL MEETING
City Administrator Dickinson explained the fIrst Council meeting in July is scheduled for July 4,
2006, which is a legal holiday. The Council will need to reschedule the meeting.
Motion by Knight, Seconded by Jacobson, to reschedule the City Council meeting to July 5, 2006.
Motion carried unanimously.
SCHEDULE EDA MEETING
Motion by Trude, Seconded by Jacobson, to schedule an EDA meeting for June 20, 2006 at 6:00
p.m. Motion carried unanimously.
ADMINISTRATOR REPORT
City Administrator Dickinson updated the Council on Administration & City Department
activities, meeting remmders and miscellaneous projects.
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Regular Andover City Council Meeting
Minutes - June 6, 2006
Page 9
MAYOR/COUNCIL INPUT
(Archery Season for Deer Hunting) - Councilmember Jacobson stated some of the people on
University Avenue, north of Andover Boulevard, have wondered if the City would allow them to
have an archery season in there area to weed out some of the deer. He did not know the process they
would have to go tbrough to allow that this FalL Councilmember Trude stated she would be
concerned with the children in the area and if this were to occur she would want it well noticed and
have a limited time. Councilmember Knight indicated it is a DNR issue. Councilmember Trude
stated she would feel more comfortable with a petition from the neighborhood indicating they would
keep their children in the home during this time. Her concern was with safety.
(Park and Trail Naming) - Mayor Gamache stated he sent an email regarding naming the parks and
trails and he agreed they should probably come up with some type of policy. He asked Mr.
Dickinson if it could be added to their next workshop agenda. Mr. Dickinson stated he could add it.
(Meadow Creek Christian School Thanks) - Mayor Gamache thanked Meadow Creek Christian
School for the invitation to their event last week. They are raising a lot of money for their school
project and they did a great job.
(Quad City TV Hosting) - Councilmember Trude stated with the change in hosts for the Quad City
TV they are being asked to go to Champlin all of the time and she was not finding that convenient
and she wondered if they could advertise and have someone in Andover who would be willing to do
the interviews in Andover and consider it a community service. Mayor Gamache did not think it had
anything to do with the host. He thought it was pushed by Susan Huston to have it all recorded at the
studio and he indicated he could discuss this with her to see what could be done.
(Fun Fest Booth) - Mayor Gamache wondered if the Council wanted to set up a booth this year at
Fun Fest. The Council thought it was a good idea.
Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting
adjourned at 8:50 p.m.
Respectfully submitted,
Susan Osbeck, Recording Secretary